State v. Holzwarth

I respectfully dissent for the reason that the alleged error for which the principal opinion reverses the judgment was not preserved for appellate review. If the judicial process is to operate in an orderly manner counsel must be required to make a proper objection in order to give the trial court an opportunity to rule on matters considered objectionable. In this case there was no objection to the reading of the first statute and the objection made to the reading of the excusable homicide statute was entirely different from the objection urged on this appeal. In that situation neither…